Distribution or Possession of Schedule I Controlled Dangerous Substance — Louisiana

NEW ORLEANS DRUG POSSESSION AND DISTRIBUTION ATTORNEY

 

“The goal of every drug crime case is to not be convicted”

 

Elizabeth B. Carpenter, Esq. — New Orleans Criminal Lawyer

 

Elizabeth B Carpenter Law is one of the premiers law firms for Drug Crime defense.  We have defended almost every type of Drug Crime imaginable in South Louisiana.  When approaching a Drug Case, the first issues we examine are the client’s constitutional rights against unlawful search and seizure:

    • Did the police have the right to pull our client over?,

 

    • Did the police have the right to search our client’s home?,

 

    • Did the police have the right to search out client’s car?

 

Our first goal is to try to exclude / suppress any and all evidence of a drug crime.  If the evidence is suppressed, the state cannot use the evidence to convict our client.  The goal in every drug crime case is to not be convicted.

If you have been arrested for Drug Possession, contact Ms. Carpenter’s office for a consultation.  We want to protect your rights!

 

POSSESSION  NARCOTIC DRUGS LISTED IN SCHEDULE I – LA R.S. 40:966

 

See Schedule I

See Schedule II

See Schedule III

See Schedule IV

See Schedule V

 

Possession Schedule I

It is unlawful for any person to possess a controlled dangerous substance classified in Schedule I unless such substance was obtained directly by valid prescription or other professional practice authorized by law.

 

Penalties For Violation:

A substance classified in Schedule I which is a narcotic drug (all substances in Schedule I preceded by an asterisk), – imprisoned at hard labor for 4 to 10 years and may, in addition, be required to pay a fine of not more than $5,000.

Phencyclidine, shall be sentenced to imprisonment with or without hard labor for 5 to 20 years and may be sentenced to pay a fine of not more than $5,000, or both.

Any other controlled dangerous substance classified in Schedule Ishall be imprisoned at hard labor for 0 to 10 years, and may in addition, be required to pay a fine of not more than $5,000.

 

Enhanced Penalties for Possession of Schedule I (larger quantities)

1) Any person who possesses 28 grams or more, but less than 200 grams, of a narcotic drug (all substances in Schedule I preceded by an asterisk “*”), shall be sentenced to serve a term of imprisonment at hard labor of 5 to 30, and to pay a fine of $50,000 to $100,000.

2) Any person who knowingly or intentionally possesses 200 grams or more, but less than 400 grams, of a narcotic drug (all substances in Schedule I preceded by an asterisk “*”), shall be sentenced to serve a term of imprisonment at hard labor of 10 to 30 years, and to pay a fine of $100,000 to $350,000.

3) Any person who possesses 400 grams or more of a narcotic drug (all substances in Schedule I preceded by an asterisk “*”), shall be sentenced to serve a term of imprisonment at hard labor of 15 to 30 years, and to pay a fine $200,000 to $600,000.

 

DISTRIBUTION AND MANUFACTURING NARCOTIC DRUGS LISTED IN SCHEDULE I 

 

It is unlawful for any person:

To manufacture, distribute or possess with intent to distribute, a controlled dangerous substance or controlled substance analogue classified in Schedule I;

To create, distribute, or possess with intent to distribute, a counterfeit or fake controlled dangerous substance classified in Schedule I.  See more on Counterfeit Drugs.

 

Penalties For Violation

A substance classified in Schedule I which is a narcotic drug (all substances in Schedule I preceded by an asterisk “*”), – imprisonment for 5 to 50 years at hard labor at least 5 years of which shall be served without benefit of probation, or suspension of sentence, and may, in addition, be required to pay a fine of not more than $50,000.

Except as otherwise provided below, any other controlled dangerous substance classified in Schedule I, – imprisonment at hard labor for 5 to 30 years, at least 5 years of which shall be served without benefit of parole, probation, or suspension of sentence, and pay a fine of not more than $50,000.

A Schedule I which is Marijuana, tetrahydrocannabinols, or chemical derivatives of tetrahydrocannabinols, or synthetic cannabinoids shall upon conviction be sentenced to a term of imprisonment at hard labor for 5 to 30, and pay a fine of not more than $50,000.

 

LOUISIANA MARIJUANA LAWS – We must continue to fight for legalization!

 

Elizabeth B. Carpenter, Esq. — New Orleans Criminal Lawyer

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